User Agreement

The use of Dekosh’s web site (“Site”) indicates your unconditional acceptance of these terms of use. We reserve the right, in our sole discretion to update or revise these terms of use (“Terms of Use”). Your continued use of the site following the posting of any changes to the terms of use constitutes acceptance of those changes.

1. Use of the Site:You may use the site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy. Once you complete and submit your registration you have opted-in to receive email communication from us, and in order to remain a member of our site, you must agree to receive email from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity of other activity which infringes the rights of Dekosh or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:

Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.

Introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful codes.

Obtain unauthorized access to any computer system, including without limitation access to any API that may be provided by Dekosh in a manner not authorized by Dekosh.

Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

Impersonate any other person including but not limited to, a registered user of this Site or an employee of Dekosh.

Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.

Misrepresent the identity of a user or use a false e-mail address.

Tamper with or obtain access to this Site or any component of this Site.

Conduct fraudulent activitiesCollect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.

Abuse the “Invite a Friend” benefit in any way, including, but not limited to, inviting yourself multiple times under different aliases and/or different email addresses.

Abuse special discounts, awards or incentives offered by Dekosh. Unless otherwise specified, only one offer is valid per person, maximum two per household.

2. Membership Eligibility: The Site is available to members who are 18 years and older, and who have not been suspended or removed by Dekosh for any reason. If you do not qualify, you may not use the Site. As a member, you agree to provide true accurate, current and complete information about yourself as prompted by the Site’s registration form. You agree to use the Site for your own personal use and not for commercial purposes. Without limitation, use of the site by employees or agents of a commercial enterprise in the course of their employment or agency is a prohibited commercial use.

Members may not have more than one active account. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.

3. Additional Terms and Conditions:Additional terms and conditions may apply to specific portions of the Site or your membership which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of the Site or your membership, the latter terms shall control with respect to your use of that portion of the Site or your membership.

4. Proprietary Rights:You acknowledge and agree that the content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of Dekosh and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. If you give feedback to us regarding the Site, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise.

5. Prohibited Use:

You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site.

Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited.

You may not decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance.

You may not copy, frameset, enclose or otherwise distribute any part of the Site.

6. User Content:You are solely responsible for any User Content you post to the Site, and the consequences of posting or publishing it. By “User Content”, we mean any Content you post to the Site. “Content” means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say “post”, we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Site. If you post User Content, you are making a guarantee to us that you either own all the content you are posting in the User Content, or you have the right to post the content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Site without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post the User Content.

7. By posting your User Content, you do not lose any ownership rights you may have to it except otherwise specified by terms of any particular promotion: However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Site and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed. You also grant each user of the Site a non-exclusive royalty-free, fully-paid, sublicenseable and transferable license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform your User Content as permitted through the functionality of the Site and under these Terms of Use.

8. Prohibited Content: If we allow you to upload User Content, you may not:

Provide User Content that you don’t have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;

Forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;

Provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;

Provide User Content that are illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

Impersonate anyone else or lie about your affiliation with another person or entity in your User Content;

Use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks in your User Content; or

Provide User Content which disparage us or our partners, vendor or affiliates.

We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.

9. Your User Content Becomes Public: You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential. So, if you don’t want the whole world to see it, don’t post it on the Site. In addition, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation or disclosure of such User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Dekosh, its users or the public as required or permitted by law.

10. We Are Not Responsible for User Content: We generally do not review any of the User Content posted by our members. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in User Content. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content. You may be offended by User Content that you see on the Site. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Site, including your exposure to User Content.

11. Purchasing:Dekosh works with outside providers for maintenance of the Dekosh website. Dekosh and its partners strive for complete accuracy in description and pricing of the products on the site, however, due to the nature of the internet occasional glitches or mistakes may cause inaccuracies to appear on the site. Dekosh has the right to void any purchases that display an inaccurate price.

12. Suggested Retail Prices: Dekosh displays suggested retail prices for goods offered on the Site based on pricing information provided by vendors and manufacturers, and we make no promises about the reliability or accuracy of any such information listed on the Site.

13. Links to Third Party Websites:No Implied Endorsements:This Site may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. You should also read the terms and conditions and privacy policies of these other websites.

14. Golden Egg Promotion: Dekosh may from time to time offer a Golden Egg promotion where a limited number of Dekosh members may purchase select products on Dekosh’s website for $0 (“Golden Egg Products”). The advertised price of any Golden Egg Product is subject to change at any time at Dekosh’s sole discretion. Due to the limited quantity of each Golden Egg Product, Dekosh does not guarantee that the Golden Egg Products will be available at the advertised price when members make their purchase. Recipients of Golden Egg products are themselves responsible for payment of applicable taxes (if any) directly to applicable government entities on receipt of goods. Furthermore, Dekosh is not obligated to offer any Golden Egg Products on Dekosh’s website and may discontinue this promotion at any time.

15. Money Back Promotion: Dekosh offers a money back promotion, where you can get a particular amount of money returned back to your account which you can subsequently utilize for future purchases only. The promotion requires you to submit pictures whereby you are using the products purchased through Dekosh.You can get a particular amount of money deposited back to your account for every approved picture of the product in use. The promotion is governed by the section (6),(7),(8),(9),(10) of this user agreement however the approved picture/media becomes the sole property of Dekosh upon crediting the money to your account, and you forfeit all the rights to that media. Dekosh reserves the right to use the images/media in any way it like to do. For complete terms governing the Money Back Promotion you should refer to the terms of promotion.
16. Indemnification:By using this Site, you agree to indemnify, hold harmless and defend Dekosh their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without imitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your User Content; (3) your breach of the Terms of Use; or (4) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Dekosh reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Site.

17. Disclaimer of Warranty:THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, Dekosh DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

18. Limitation of Liability:IN NO EVENT SHALL Dekosh OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF Dekosh HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF Dekosh OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO Dekosh IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY OR IF YOU HAVE NOT PAID, $100. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL Dekosh OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF Dekosh.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.

19. Risk of Loss:The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.

20. Third Party Vendors:Dekosh is not affiliated with websites or third parties that sell or advertise our products or the Site. Dekosh reserves the right to void all service, return, and other policies for orders and Dekosh products that were purchased through unauthorized sellers or sellers that violate OKL policies. Dekosh is not responsible for any representations by third party vendors.

21. Unavailability of Site: We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your use or access to all or part of the Site, or your account or membership for any reason, including without limitation, breach of these Terms of Use. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. In addition, you acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will Dekosh or its suppliers be held liable for any damages due to such interruptions or lack of availability.

22. Termination. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. If we terminate your use of the Site for failure to comply with these Terms of Use or otherwise for cause, we will not refund any fees you may have paid for goods we have shipped. You understand that we may also continue to make your User Content available on the Site even if your use of the Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Site.

We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your membership or account are terminated the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

23. Copyright Infringement: Notice and Take Down Procedures:Notice and Take Down Procedures: If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our contact for copyright issues relating to this Site is: Susan Zehra, info@dekosh.com.

24. Choice of Law and Forum: These Terms of Use and any dispute of any sort that might arise between you and Dekosh or its subsidiaries, agents employees or affiliates shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United nations Convention on Contracts for the Sale of Goods, as amended from time to time. You and Dekosh agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the county of San Francisco, California, and you and Dekosh agree to submit to the personal and exclusive jurisdiction of such courts. You consent to the jurisdiction of such courts and irrevocably waive any objection including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. YOU AGREE THAT IF YOU WANT TO SUE Dekosh OR SUBSIDIARIES, AGENTS, EMPLOYEES OR AFFILIATES, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.

25. Damages: In addition to any injunctive relief, you agree to pay to Dekosh the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these Terms of Use for which you bear responsibility; EXCEPT you acknowledge that, for certain Terms of Use violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such Terms of Use violations, you agree to pay liquidated damages to Dekosh as described below. Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of Dekosh’s damages for such violations, and that liquidated damages for violations of the Terms of Use are and will be cumulative.

For purposes of calculating liquidated damages: “Item of Content” means each instance of content of any type posted to, stored on or transmitted via the Site by any user; and “Instance of Unauthorized Conduct” means each individual time Dekosh’s servers are accessed in connection with or in facilitation of a violation of the Terms of Use. With respect to the Instances of Unauthorized Conduct enumerated in paragraphs 1(c) and 1(j) above or for continuing to access the Site after notification pursuant to paragraph 23 that access and use of the Site terminated, each day that Dekosh’s servers are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.

For violating Sections 1(a), 1(d), 1(g), 1(h), 1(l), 5(a), 5(b), 5(d) or any part of Section 9 of these Terms of Use, you agree to pay $100 for each Instance of Unauthorized Conduct and for each prohibited Item of Content;

For violating Sections 1(c), 1(e), 1(f), 1(j) and 1(k) of these Terms of Use, you agree to pay $1,000 for each Instance of Unauthorized Conduct;

For violating Sections 1(b), 1(i), or 5(c) of these Terms or Use, or continuing to access or use the Site after your account has been terminated pursuant to Section 23 or after you have been suspended or removed from using the Site pursuant to the first paragraph of Section 2, you agree to pay $25,000 for each Instance of Unauthorized Conduct.

26. Miscellaneous:Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Dekosh with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Dekosh with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Dekosh to act with respect to a breach by you or others does not waive Dekosh’s right to act with respect to subsequent or similar breaches. Dekosh’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by us without restriction. We won’t be liable to you for any delay or failure to perform any obligation we have under these Terms of Use if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.